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(영문) 광주지방법원 목포지원 2015.03.12 2014고단1935
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 28, 2007, the Defendant was sentenced to the suspension of the execution of ten months by imprisonment with prison labor for the violation of the Road Traffic Act ( Drinking Driving) and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) at the wooden Branch of the Gwangju District Court on October 28, 2007. On April 30, 2014, the Defendant was issued a summary order of KRW 5 million by the Gwangju District Court on April 30, 201 as a crime of violation of the Road Traffic Act (Ding Driving)

On October 23, 2014, the Defendant, without obtaining a driver’s license at around 21:15, driven B le-car at the 1km section from the front of a restaurant in which it is difficult to identify the trade name adjacent to the Sungnam-gun, Chungcheongnam-do, Sungnam-do, Sungnam-gun, Seoul-do, and then drive B le-car at the 1km section from the front of a restaurant with a blood alcohol concentration of 0.187%.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The ledger of driver's licenses;

1. A inquiry report, such as criminal records;

1. Investigation report (verification of the same record as A of a suspect), - Court rulings and copies of summary orders shall be applied by statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is to recognize and reflect the defendant's mistake, to reduce the defendant's punishment by taking into account the defendant's age, character and conduct, family relationship, etc., and to suspend the execution thereof on condition of probation.

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